What happens if I was not read my miranda rights? 72 Answers as of August 04, 2011

I was never read my miranda rights before or after being arrested for a domestic violence related dispute. Will this help me in my case? Or does it even matter?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, it may or may not matter depending on the facts and circumstances since generally they only have to read you your Miranda rights if they are going to question you in custody.
Answer Applies to: New York
Replied: 7/25/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
It probably doesn't matter. First, Miranda rights only relate to statements. You are supposed to be read your rights before the police start asking "guilt-seeking questions" in order to help you exercise your right to remain silent. Therefore, if you are not read your rights and you then make an incriminating statement, we have grounds to file a motion to suppress your statement. Second and more importantly, that suppression motion is decided by a judge outside the presence of a jury. The cop will take the stand, and unless he's stupid enough to admit that he didn't read you your rights, the judge will overrule our motion. That is the sad reality of Miranda warnings.
Answer Applies to: Missouri
Replied: 7/22/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
It does not matter and will not affect your case.
Answer Applies to: Michigan
Replied: 7/22/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
This answer does not contain specific legal advice. If you need specific legal advice, please retain an attorney to assist you with your particular concerns. Speaking generally, "miranda rights" are a big issue if a person is arrested and then questioned while they are in custody and if there was an alleged confession in a case.
Answer Applies to: Michigan
Replied: 7/21/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Miranda rights need be given only if you are in custody and then before questioning. If this is not done correctly any statement you make or the fruits of that statement are inadmissible in court.
    Answer Applies to: California
    Replied: 7/21/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Miranda rights (being advised of your legal protections pursuant to the famous case of *Miranda v. Arizona*) are only required when the police question you about a crime they suspect you committed and you are not free to leave. This is commonly known as "custodial interrogation" and depends on the facts of each case. If the police are investigating an crime and generally say "what happened?" then Miranda may or may not specifically apply. Only law enforcement officers are required to Mirandize a suspect, so private security guards, school teachers, camp counselors or lay persons are not required to advise you of your legal rights prior to questioning. Not being properly Mirandized (advised of your U.S. Constitutional rights) may be important to allowing your lawyer to suppress incriminating statements you may have made. So while not being advised of your Miranda rights is important, it may not apply in every police encounter.
    Answer Applies to: Virginia
    Replied: 7/21/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police only have to read you your Miranda Warnings if they interrogate you while you are in custody.
    Answer Applies to: New York
    Replied: 7/21/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The only time they have to read you your Miranda rights is when you are in custody and they are questioning you about something in which you might incriminate yourself.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    It depends. The police are required to read you your miranda rights only when there is custodial interrogation. That means they have to be asking you questions while you are under circumstances that the court considers to amount to "in custody." Many situations, such as while you are pulled over or in your own home are not considered "in custody" so often the officers will not read you your miranda rights. You should have an attorney review your police report if you believe there are statements in the report that will incriminate you and could be kept out because you were not given your miranda warning.
    Answer Applies to: California
    Replied: 7/20/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Miranda rights are widely misunderstood. You always have a right to remain silent. What Miranda v. Arizona did was make it mandatory for the cops to tell you this fact before they questioned you. It does not affect the arrest per se. It's only affect on your case is that the DA cannot use your statements against you unless you are first given your Miranda rights.
    Answer Applies to: Texas
    Replied: 7/20/2011
    The Sarbaugh Law Firm
    The Sarbaugh Law Firm | Bruce W. Sarbaugh
    The failure of a police officer to read you your Constitutional rights may result in the ability to keep any statements you make to the police out of evidence. However, there are some specific legal principles involved that would require an experienced criminal defense attorney to review. It is always helpful to keep the evidence against you to a minimum and this may make a big difference in your case depending on the rest of the facts.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Miranda rights need only be read if cops want to ask questions more pointed than your name, date of birth and address. You should not pursue a DV case without an attorney. Talk to him or her.
    Answer Applies to: California
    Replied: 7/20/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    This is really a quite common question. The simple answer is, it might not matter. Not being read your Miranda rights only becomes an issue if your rights were violated. If not, no harm was done. Bring the point up with your attorney for an evaluation.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Miranda rights are very important if the Government wants to use any of your statements against you in a court action. There are circumstances whereby the Government does not have to advise those rights, however. If you were actually in a custodial situation (one where you were not free to leave) and you were asked specific questions about the crime they are investigating, then before your responses can be used against you you must be advised of your legal rights. If you were free to leave at any time you chose to, then they do not have to give the advisory.
    Answer Applies to: Kansas
    Replied: 7/20/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It may or may not help your case. If the arresting officer never took a statement from you or spoke to you in any way about the incident, but simply arrested you, then the Miranda rights are not as critical. If however, the officer did not read you your rights and then began questioning you and obtaining information that could be used against you, then that is a whole different story. If this is the case, than any information obtained by the arresting officer would be subject to being suppressed (not allowed to be considered as evidence against you). How critical this would be in your case, depends upon the facts of your case and what information, if any, was obtained by the arresting officer. An attorney could best assist you in determining this.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Any statement you made to the police, which would have been made during a custodial interrogation only and not before, would be suppressed from evidence at trial.
    Answer Applies to: New York
    Replied: 7/20/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no requirement for the police to read you Miranda warnings to arrest you. Miranda warnings are given when the police are about to interrogate you or question you about a possible crime that you have been involved in. Police may routinely give Miranda warnings immediately upon arrest so that anything you may say after the warnings can be used against you.
    Answer Applies to: Alabama
    Replied: 7/21/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It probably won't make any difference. It only matters if you are objecting to any oral or written statements the police allegedly took from you and intend to use against you at trial.
    Answer Applies to: New York
    Replied: 7/20/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Probably not relevant, but it depends on various factual circumstances.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    If a person is under arrest and questioned without their rights having first been read to them can have all statements and any evidence suppressed (not used against them).
    Answer Applies to: Nebraska
    Replied: 7/20/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    If you can prove that the police never read your Miranda rights, then they will not be able to use your statements against you at trial. If you didnt make a statement, or if they dont want ot use your statement at trial, the lack of Miranda warnings is irrelevant.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Miranda is of limited protection. It protects you from statements of admission from being used against you. It also keeps out physical evidence that would only be obtained by the police because of the admissions you made. If it helps in your case you need an attorney to review the case and see if it applies.
    Answer Applies to: California
    Replied: 7/20/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This is a complicated aspect of legal defense but the short answer is: the fact that you were not mirandized does not necessarily mean that your case can be dismissed. That being said, it may be able to play a strong role in your defense and work to your advantage in attempting to have the charges against you reduced and/or dismissed based upon weaknesses in the prosecution's case. These are all things that an attorney would need to discuss with you in detail to determine with respect to their potential to assist your defense.
    Answer Applies to: Louisiana
    Replied: 7/20/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Unless you gave a statement to police it does not matter whether or not your maranda rights were read to you. This right is only regarding statements.
    Answer Applies to: Alabama
    Replied: 7/20/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    This is the most common misunderstanding in law. Miranda rights exist only after you are arrested and only if you are questioned. If you in custody and questioned then any answers that you gave can be excluded from court. It may help your case but is not likely to win your case. It is important to consult a criminal defense lawyer as DV charges carry with them serious consequences.Good luck.
    Answer Applies to: New Hampshire
    Replied: 7/20/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It's only helpful in suppressing any statements you made while you were in custody and during interrogation. This can be very beneficial towards your defense or it could be neither beneficial nor harmful. Your question is very fact specific.
    Answer Applies to: California
    Replied: 7/20/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you hire a criminal lawyer ASAP. If Miranda was not given in a custodial interrogation, then, generally, it might mean that any subsequent statement made might be inadmissible. Again, see a lawyer about all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    The police are required to read your rights if they ask you questions regarding the crime for which you were arrested. The police do not need to read your rights if they only ask normal "booking" questions (Name, DOB, etc.)
    Answer Applies to: Connecticut
    Replied: 7/20/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It may make a difference if you were questioned by the police. A review of the police report would be helpful.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Miranda rights are often misunderstood. They must be given to you as soon as you are arrested. The police can not interrogate you without first letting you know that you have the right to remain silent and the right to an attorney. Anything said by you prior to being given your rights may be excluded from evidence. I would need to know more details about your case and your arrest to know how this could effect your case. Speak to your lawyer about this. If you don't have a lawyer, get one. Domestic A&B is a very serious charge. You should not go to court without counsel.
    Answer Applies to: Massachusetts
    Replied: 7/20/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It only matters if you made admissions after being arrested. Otherwise it has no consequences.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    Osterman Law LLC
    Osterman Law LLC | Mark D. Osterman
    Normally, Miranda is only going to apply only if the police are going to interrogate you. Once they have placed you under custody, put on the handcuffs, they cannot ask you any questions without giving you your Miranda warnings. What most people do not realize is that the law requires police to arrest someone whenever there has been a complaint for domestic violence. Under those circumstances, when the police arrive there is a substantial likelihood that you are going to be arrested and therefore, since you are not free to leave, you are in custody and should be given Miranda.
    Answer Applies to: Indiana
    Replied: 7/20/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    I am afraid it is not so simple. Many people believe that they must be read miranda rights when arrested. That is not true. Miranda rights only need be read when there is to be a custodial interrogation. "Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested. Interrogation means they are asked questions. If they are arrested and no questions are asked, there is no need for Miranda. If miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation. If there is sufficient independent evidence to proceed after that, the case may still go forward.
    Answer Applies to: Minnesota
    Replied: 7/20/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    The law says you only have to be read your Miranda rights when you are in "custody". If the police question you when you are in custody and do not read you your "rights" then your lawyer can make a motion to suppress the confession or admission you have made made. However, failure to read you're the rights is not sufficient on its own to warrant the charges being dismissed by the court.
    Answer Applies to: California
    Replied: 7/20/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    If you were not free to leave and you were not given your Miranda warnings, then anything you said cannot be used as evidence against you at trial.
    Answer Applies to: Louisiana
    Replied: 7/20/2011
    Law Office of Thomas Baynton
    Law Office of Thomas Baynton | Thomas B Baynton
    A suspect must only be read his Miranda if he or she is "in custody" or otherwise not free to leave. If a suspect makes statements while in custody without being advised of his Miranda rights then those statements may be suppressed at trial. If you were not questioned by the police then it will not matter if the Miranda rights were not read. It is usually a good idea to tell law enforcement officers that you want your attorney present before any questioning. If you speak to the police without the interview being taped, then you are relying on the officer's memory and integrity to accurately report what you said at the interview. Good luck.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The only time the failure to read your Miranda rights comes into play is if you made statements that you and / or your lawyer want suppressed at trial and these statements were made in response to custodial interrogation. Most times the cops do not read people their rights because they question them before they are in custody or they don't question them at all.
    Answer Applies to: Texas
    Replied: 7/20/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    Miranda is a Fifth Amendment requirement to warn you against self-incrimination. In this country the prosecution has the burden of proving guilt, we do not have to utter one word to prove our innocence. Not receiving the Miranda warning can result in a defendant's confession being thrown out as well as any comments made. It can also result in evidence being inadmissible as fruit coming from the same poisoned three. Most jurisdictions now have the defendant sign an acknowledgment that they received and understood their Miranda Rights, you should check your jurisdiction to see if this is a practice there and if it's a requirement. If it is and you did not sign it then you've got a good case, otherwise unfortunately is it your word against the police.
    Answer Applies to: Arkansas
    Replied: 7/20/2011
    Benari Law Firm
    Benari Law Firm | Arik T. Benari
    If you were not read your Miranda warnings, then the police MAY be kept from using any statements you made against you in court. The arrest is still legal and they can still proceed with any evidence other than your statements.
    Answer Applies to: Pennsylvania
    Replied: 7/20/2011
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    It matters if you made statements about the case after you were arrested. Miranda protects an in-custody suspect from incriminating himself. If you kept your mouth shut, the lack of Miranda will not help you. If you made a statement after the handcuffs went on, that statement might be suppressed in court.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    If you were not read your Miranda rights and the police interrogated you while you were in custody and the prosecutor tries to get any statements you made to the police in as evidence against you they will be suppressed (kept out).
    Answer Applies to: California
    Replied: 7/20/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If Miranda Rights were not read to you when they should have been and that led to incriminating statements or evidence being obtained to be used against you, the statements and the evidence could get suppressed because of that. But don't get your hopes up. Miranda Rights are only triggered when the police have you in their custody (you are not free to leave) and they start asking you incriminating questions. People often misunderstand Miranda and television and movies don't help to clarify the confusion any. Just because you were arrested does not mean that they have to read you your rights. A lack of Miranda will not invalidate an arrest, it can only suppress statements and evidence. Have an experienced criminal defense attorney review the police report. If there was a Miranda violation, he will spot it and will be able to make a suppression motion.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Miranda rights are just one aspect that a criminal defense attorney looks at. If, when and how Miranda rights were read can be very important to a case. It is very fact specific. The best way to defend is to hire a criminal defense attorney. He can tell you about the facts of your case and how he can defend you.
    Answer Applies to: Hawaii
    Replied: 7/20/2011
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    If the police do not attempt to introduce any post -arrest statement , then they do not have to read any rights.
    Answer Applies to: Illinois
    Replied: 7/20/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Not being read Miranda rights is only important if you said something incriminating like, "Yeah, I kicked the crap out of this bitch". If you can prove no Miranda warning you can get the statement suppressed BUT if wife or witness testifies as to what you did, it doesn't matter if you got a Miranda warning or not.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Likely doesn't matter. Cops are trained to get everything out of you "prior" to an arrest. Remember that Miranda is only required "after" an arrest.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Miranda rights aren't required to be given just based on an arrest. If you are arrested and are being questioned, you must be given your rights or any statement is inadmissible. If there was a Miranda violation, it would throw out the statement. Whether or not they have enough evidence to proceed without using your statement depends on the rest of the case. Discuss all the details with your attorney face to face.
    Answer Applies to: California
    Replied: 7/20/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    If you were questioned by the police after being arrested without being advised of your Miranda warnings, your statement/answers will not be admissible against you
    Answer Applies to: Washington
    Replied: 7/20/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    If you were under arrest or "de facto" under arrest and made some statements that the government can use against you then the lack of being read your so-called Miranda rights may l ead to these statemetns being suppressed, that is, being precluded from being admitted into evidence. It does, however, depend on the circumstances of how the statements came about. i.e. were they spontaneous or the result of questioning etc. Like many things in the law, this is not a black and white issue.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Miranda applies if there is going to be custodial interrogation that the government wants to use at trial. If there is no interrogation, or no custody when there was interrogation, or they don't want to use what they got from the suspect, Miranda does not apply. People should not be dumb enough to talk to the cops whether or not Miranda applies, because the cops are there for one reason - to put cases together, not to help you, nor to serve the neutral ends of justice. They have one agenda, and your benefit is not on it. It never, ever helps to talk to the cops, so whether it is custodial interrogation or a chat on the street, you should never, ever talk to the cops, and if you do, don't expect a lawyer to corral the evidentiary horses your big mouth let loose.
    Answer Applies to: California
    Replied: 7/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Nothing. Miranda advisement is done after arrest if and when police seek to directly interrogate you to get a confession. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. TNot exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Miranda rights are only necessary if the cops intend to question you while you are in custody. Custody is the issue. Were you handcuffed in a police car? That sort of thing. You still have the right to be silent in your living room. They just don't have to tell you. So, always politely request an attorney before questioning and the cops have to stop questioning you. They will get mad and yell a lot but just be polite and stand up for your rights. Do not hand them their case on a platter.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    It doesn't matter unless you answered questions after your arrest. If you did answer questions after arrest and were not Mirandized, the answers could be suppressed.
    Answer Applies to: Maine
    Replied: 7/20/2011
    Castleberry & Elison
    Castleberry & Elison | Peter Castleberry
    Under Oregon law, if the police questioned you while you were in custody or in "compelling circumstances," and the police fail to issue Miranda warnings prior to such questioning, none of your responses to their questions are admissible against you as evidence. For example, if you are in handcuffs in the backseat of a patrol care and a detective starts asking you questions about the crime for which you are under arrest without issuing Miranda warnings, nothing you say in response can be used against you. However, you don't necessarily have to be in handcuffs in order to be in custody, and "compelling circumstances" can arise in a number of different scenarios. In any case, if the police were required under the law to issue the Miranda warnings and failed to do so, the remedy for this constitutional violation is that your statements in response to police questions are inadmissible.
    Answer Applies to: Oregon
    Replied: 7/20/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    It matters as to whether or not you made incriminating statements (statements that could be used to find you guilty in a trial). Potentially, if you did not receive the Miranda warning and you were in custody, any statements you made may not be able to be used against you. Your defense attorney can give you advice about how to best proceed.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- It only matters if you were in custody and made a statement. If that occurred, you may be able to exclude any evidence that emanated from the illegally obtained statement. If you were not in custody, the Miranda protections do not apply.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If you are not read your Miranda rights, (and were supposed to have been read them - see below) then the prosecutor probably won't be allowed to use whatever you said against you. Howe3ver, if there is sufficient other evidence (other than your own statements) then the case may be provable anyway. Two things have to exist before the police have to read you your Miranda rights : (1) you are in custody and (2) you are being interrogated.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Depends on the case and what was asked/said after the arrest. I suggest you speak with an attorney local to your area so you can discuss your case in detail and see whether or not that affects your case.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    Miranda warnings are required if you are in custody and if you are subjected to police interrogation. Each step is required and what constitutes custody will depend on the facts of the case. Certainly being told that you are under arrest or handcuffed are good indicators of custody. However if you are not questioned then it does not matter whether you are read Miranda or not. It could help your case if you made admissions and were in custody and those admissions were pursuant to interrogation. Please contact me at your earliest convenience if you wish to schedule an appointment. I have over 17 years as a defense attorney and prosecutor and have tried many domestic violence cases with great success.
    Answer Applies to: Oregon
    Replied: 7/20/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    The 'Miranda' rights are the rights in the US Constitution's Bill of Rights that protect individuals from self incrimination and guarantees the right to a lawyer. Miranda is named for a criminal defendant in Ohio who appeal the case to the US Supreme Court because he did not know he had these rights and he was prosecuted for statements he made to the police AFTER arrest. The lack of Miranda warnings only help when law enforcement is trying to use statements a defendant made to police after arrest. If there was no conversation after arrest then the lack of Miranda is not very helpful. On the other hand, if the case hinges on the defendant's statements, Miranda is very helpful.
    Answer Applies to: Oregon
    Replied: 7/20/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Its a 'no harm - no foul' analysis. Miranda, or constitutional rights warnings are triggered by interrogation intended to elicit incriminating statements and custody which is defined as "formal arrest or restraint on freedom of movement of the degree associated with a formal arrest." So if you weren't in custody or somehow detained to a degree that would suggest arrest and were interrogated, than the lack of warnings probably doesn't matter. However, only an experienced defense attorney can really make that determination. *Please note that this is not legal advice and does not create an attorney-client relationship. This post represents only the posters opinion. You should speak to an attorney for further information. The poster is licensed only in the State of Washington.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    It only matters if you made statements. If you were "under arrest" and questioned without first having been read your Miranda rights, any statements you made would not be admissible in court against you.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    It will only matter if you made incriminating statements. If you were in custody and the police purposefully didn't inform you that you had a right to remain silent, and then asked you questions designed to elicit an incriminating response then you possibly could have those statements thrown out as inadmissible.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That would depend on whether you made any statements. The Miranda Rights only deal with statements. If you answer a question while under arrest when your rights have not been read, the court should suppress your statements.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Attorney at Law
    Attorney at Law | Steven C. Bullock
    Your so-called Miranda rights are triggered by custody and if your asked any questions with reference to the incident. In general, anytime anyone is read their "rights", use them......make no statement and demand an attorney!!-
    Answer Applies to: Michigan
    Replied: 7/20/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    You only must be read your Miranda rights if you are interrogated while in custody. There're, if they did not ask you any questions after you were arrested law enforcement does not need to read you your rights.
    Answer Applies to: Montana
    Replied: 7/20/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Doesn't matter unless you were in custody AND being questioned.
    Answer Applies to: New York
    Replied: 7/20/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    It can definitely matter, depending on your case. Certain statements that you made might be suppressed if they were not Mirandized. Miranda rights are not required as part of an arrest - only if they want to take your statement do they have to read them to you. I am a former domestic violence prosecutor, and I can say from experience that many DV cases are built on the defendant's statements. So it would be worthwhile having an attorney look into this issue. You should hire an experienced domestic violence defense lawyer as soon as you can. If you can't afford an attorney, you need to ask the court to appoint you a public defender.
    Answer Applies to: Oregon
    Replied: 7/20/2011
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